Adopted: July 19, 2006
Effective: August 5, 2006
SNOHOMISH COUNTY COUNCIL
SNOHOMISH COUNTY, WASHINGTON
ORDINANCE NO. 06-047
AUTHORIZING THE COUNTY EXECUTIVE TO SIGN
AN INTERLOCAL AGREEMENT WITH
THE CITY OF ARLINGTON CONCERNING THE TRANSFER OF
DEVELOPMENT RIGHTS RECEIVING AREA ESTABLISHED BY AMENDED
ORDINANCE NOS. 05-141 AND 05-142
WHEREAS, Transfer of Development Rights (TDR) programs provide a
means of preserving farmland and other sensitive areas from development by
allowing landowners within designated “sending areas,” which are targeted for
conservation, to transfer the development rights from their property to designated
“receiving areas,” within which development incentives are provided; and
WHEREAS, on September 10, 2003, the County adopted Amended
Ordinance No. 03-100, which created a TDR sending area designation on the
Future Land Use (FLU) Map, an element of the Snohomish County Growth
Management Act (GMA) Comprehensive Plan: General Policy Plan (GPP), and
applied that designation to portions of the Stillaguamish River valley; and
WHEREAS, on December 15, 2004, the County adopted Amended
Ordinance No. 04-123, which authorizes the issuance of TDR certificates that
can be transferred from TDR sending areas to receiving areas, subject to the
grant of an easement to the County conserving the sending site for which the
certificates are issued; and
WHEREAS, on December 21, 2005, the County adopted Amended
Ordinance No. 05-141, which amended pre-existing GPP policies for TDR
sending areas and adopted GPP policies for TDR receiving areas, including a
FLUM overlay designation that was applied to certain properties near the City of
Arlington (TDR Receiving Area); and
WHEREAS, GPP LU Policy 14.A.9, adopted by Amended Ordinance No.
05-141, authorized the expansion of Urban Growth Areas (UGAs) to include TDR
ORDINANCE NO. 06-047
AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY OF
ARLINGTON CONCERNING THE TRANSFER OF DEVELOPMENT RIGHTS RECEIVING AREA ESTABLISHED BY
AMENDED ORDINANCE NOS. 05-141 AND 05-142
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receiving areas provided that the expansion is conditioned on the execution of
interlocal agreements with adjacent cities; and
WHEREAS, on December 21, 2005, the County adopted Amended
Ordinance No. 05-142, which expanded the Arlington UGA to include the TDR
Receiving Area, but conditioned the UGA expansion on execution of an interlocal
agreement between the City of Arlington (City) and Snohomish County (County)
by August 1, 2006; and
WHEREAS, pursuant to GPP LU Policy 14.A.9, the interlocal agreement
required by Amended Ordinance No. 05-142 must include an agreement by the
City to annex the TDR Receiving Area in a timely manner and to apply TDR
regulations to the area following annexation, as well as an agreement by the
County to retain existing rural zoning for the area prior to annexation; and
WHEREAS, following adoption of Amended Ordinance Nos. 05-141 and
05-142, the City and the County negotiated an interlocal agreement entitled
“Interlocal Agreement Between the City of Arlington and Snohomish County
Concerning the Transfer of Development Rights Receiving Area Established by
Amended Ordinance Nos. 05-141 and 05-142” (Agreement), which is attached
hereto as Exhibit A and incorporated herein by reference as if set forth in full; and
WHEREAS, the Agreement represents an important step in the
preservation of farmlands of long-term commercial significance; and
WHEREAS, the City and the County have worked together along with a
stakeholder group through a public process to develop this Agreement that is
consistent with and serves to further implement the City’s and the County’s
Growth Management Act Comprehensive Plans; and
WHEREAS, the Snohomish County Council held a public hearing on
______________, 2006, to hear public testimony regarding the Agreement and
to consider authorizing the County Executive to execute the Agreement on behalf
of Snohomish County.
NOW, THEREFORE, BE IT ORDAINED:
Section 1. The county council adopts and incorporates the foregoing
recitals as findings and adopts and incorporates the following additional findings
by reference as if set forth in full:
ORDINANCE NO. 06-047
AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY OF
ARLINGTON CONCERNING THE TRANSFER OF DEVELOPMENT RIGHTS RECEIVING AREA ESTABLISHED BY
AMENDED ORDINANCE NOS. 05-141 AND 05-142
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A. The findings and conclusions adopted in sections 1 and 2 of Amended
Ordinance No. 04-123.
B. The findings and conclusions adopted in sections 1 and 2 of Amended
Ordinance No. 05-141.
C. The findings and conclusions adopted in sections 1 and 2 of Amended
Ordinance No. 05-142.
Section 2. The Snohomish County Council authorizes the County
Executive to sign the “Interlocal Agreement Between the City of Arlington and
Snohomish County Concerning the Transfer of Development Rights Receiving
Area Established by Amended Ordinance Nos. 05-141 and 05-142” (Exhibit A),
which is attached hereto as Exhibit A and incorporated herein by reference as if
set forth in full.
PASSED this 19th day of July, 2006.
ATTEST:
SNOHOMISH COUNTY COUNCIL
Snohomish County, Washington
Kathryn Bratcher
Clerk of the Council
_____________________________
Kirke Sievers, Council Chair
(X) APPROVED
( ) EMERGENCY
( ) VETOED
DATE: July 26, 2006
_____________________________
Aaron G. Reardon
County Executive
ATTEST: Brian Parry
Approved as to form only:
__________________________
Brent Lloyd
Deputy Prosecuting Attorney
ORDINANCE NO. 06-047
AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY OF
ARLINGTON CONCERNING THE TRANSFER OF DEVELOPMENT RIGHTS RECEIVING AREA ESTABLISHED BY
AMENDED ORDINANCE NOS. 05-141 AND 05-142
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